Mistakes In Contract Law

Author : Edwin Corwin McKeag
Publisher : The Lawbook Exchange, Ltd.
Page : 132 pages
File Size : 47,9 Mb
Release : 2003
Category : Law
ISBN : 9781584772767

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Mistake in Contract by Edwin Corwin McKeag Pdf

McKeag, Edwin C. Mistake in Contract: A Study in Comparative Jurisprudence. New York: Columbia University Press, 1905. 132 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X. Cloth. $60. * In contract law there are two types of mistake as determined by Savigny. The first, echt, represents those cases in which consent exists, but the contract is impeachable due to the determination of mistake. This work examines the second class of mistake in contract, unecht, "...in which real consent is lacking, resulting in the nullity of the contract, while the mistake is an accompanying feature" (Preface). This class of mistake is traced from Roman law to common law and modern civil law. Originally published as Volume XXIII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.

Author : Catharine MacMillan
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 50,8 Mb
Release : 2010-01-15
Category : Law
ISBN : 9781847315533

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Mistakes in Contract Law by Catharine MacMillan Pdf

It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.

Author : Bruce MacDougall
Publisher : Unknown
Page : 128 pages
File Size : 40,9 Mb
Release : 2018-05
Category : Electronic
ISBN : 0433473037

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Mistake in Contracting by Bruce MacDougall Pdf

Author : Gareth Spark
Publisher : Cambridge University Press
Page : 355 pages
File Size : 51,9 Mb
Release : 2013-01-03
Category : Law
ISBN : 9781139620451

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Vitiation of Contracts by Gareth Spark Pdf

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Author : George E. Palmer
Publisher : Unknown
Page : 136 pages
File Size : 46,6 Mb
Release : 1963
Category : Contracts
ISBN : STANFORD:36105044124134

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Mistake and Unjust Enrichment by George E. Palmer Pdf

Author : John Cartwright
Publisher : Sweet & Maxwell
Page : 987 pages
File Size : 48,5 Mb
Release : 2012
Category : Law
ISBN : 9780414049550

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Misrepresentation, Mistake and Non-disclosure by John Cartwright Pdf

This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.

Author : John Cartwright
Publisher : Unknown
Page : 606 pages
File Size : 44,9 Mb
Release : 2007
Category : Contracts
ISBN : 0421877200

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Misrepresentation, Mistake and Non-disclosure by John Cartwright Pdf

This high-level, practitioner text examines in detail this specialist area of contract law - where a precontractual statement is false or where a contract incorporates a precontractual false statement as a warranty.

Author : Michael B. Kelly
Publisher : Aspen Publishing
Page : 563 pages
File Size : 43,6 Mb
Release : 2010-12-16
Category : Law
ISBN : 9781454827634

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Inside Contract Law by Michael B. Kelly Pdf

With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.

Author : Nancy K. Kubasek,M. Neil Browne,Lucien J. Dhooge,Daniel J. Herron,Linda L. Barkacs
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2019
Category : Commercial law
ISBN : 1260247899

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Dynamic Business Law by Nancy K. Kubasek,M. Neil Browne,Lucien J. Dhooge,Daniel J. Herron,Linda L. Barkacs Pdf

Designed for business majors taking a two-semester Business Law course, Kubasek, Dynamic Business Law, 5th edition, incorporates an ethical decision making framework, an emphasis on critical thinking, and a focus on business relevance. Updated coverage on privacy, cyber law, and immigration law provide a framework to help students think critically about these evolving topic areas.

Author : S. J. Stoljar
Publisher : Unknown
Page : 184 pages
File Size : 51,7 Mb
Release : 1968
Category : Law
ISBN : STANFORD:36105044123896

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Mistake and Misrepresentation by S. J. Stoljar Pdf

Comment on legislation and analysis of jurisprudence concerning liability in respect of mistake in writing letters of contract in commercial affairs and real estate business, with particular reference to the UK and some reference to relevant administration of justice in Australia and the USA - covers mistake in good faith, misrepresentation, misdescription, fraud, deceit, negligence, mistake in gift, pecuniary liability, etc. References.

Author : Jonathan Morgan
Publisher : Cambridge University Press
Page : 314 pages
File Size : 51,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470200

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Contract Law Minimalism by Jonathan Morgan Pdf

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Author : John D. McCamus
Publisher : Unknown
Page : 1094 pages
File Size : 49,9 Mb
Release : 2005
Category : Law
ISBN : 1552210189

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The Law of Contracts by John D. McCamus Pdf

This is an up-to-date, comprehensive, and accessible account of the Canadian common law of contracts. It includes chapters on emerging topics such as good faith bargaining, the duty to perform in good faith and new developments in remedies, including disgorgement and punitive damages. It is written by one of Canada's leading authorities in the field.

Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 50,5 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317

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Equity and Law by John C. P. Goldberg,Henry E. Smith,P. G. Turner Pdf

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 51,9 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Ermanno Calzolaio
Publisher : Routledge
Page : 207 pages
File Size : 55,5 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000522150

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Comparative Contract Law by Ermanno Calzolaio Pdf

National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.